Hi everyone

[Scottingk]

Hi
again like so many of you this is my first time on this site,
but I'm looking for answers also more clarification,
I'm due in court soon my first hearing around finance in a marriage that was of
20 odd years, no children involved as they are grown up, no involvement with any one else,
I left from the marriage as it was getting to the point where it was becoming unhealthy,
I left with very little my ex stayed in the marital home paying the mortgage,
At first we had mediation meetings, but once it got to maintenance my ex refused further meetings so I was left with nothing more than having to look for a solicitor to fight my case which I've very little income to pay for but I've had to to sort the financial side of things also pensions which my ex is very reluctant in wanting to do this due to I believe I'm in titled to half his pensions it's also at times cause communication issues with my children, & at times idle gossiping that comes with divorce. Also he's in the process of selling the marital home which I've had no contact around this, viewings, is it sold only found it was up for sale by looking to see the value it could be sold for to pay the mortgage off that I came across my joint home up for sale

My questions are

1 can my ex refuse a court hearing ?
2 could he agree the issue above in my brief message around finances so it doesn't go to court? Settlement?
3 how long does a first court hearing normally last ?
4 will he have to be transparent with all his finances & pensions?
5 do the court take into account both party's financial requirements ?
6 will it go to another hearing after the first hearing?
7 if a second hearing how long after ?
8 is the hearing all documented so each party can look & see what as been discussed in the first hearing as at times your thoughts can be all over the place & forget things?

Many thanks & thank you for taking the time who responds to my questions
Thank you once again

[Kati]

to LB Scottingk

I'll tag Peridot for you (she should be able to help) xx

[Peridot]

Hi Scottingk,

Sorry to hear you aren't able to reach a settlement. The Courts encourage negotiation toward settlement even once proceedings have been issued so before answering all the other queries I would recommend, if at all possible, you continue exploring with your ex whether you can come to a settlement which the Court can then just approve.

Rather than answering your questions in order I will give you a bit of an overview and try and include your specifics as I go.

Once a claim has been made to the Court for the finances to be dealt with, a timetable will be produced that sets down dates by which time certain things have to be done. This includes the exchange of Form E by both parties, which documents all your assets both joint and individually including pensions, employment, property, savings etc and dates for hearings.

If a party does not comply with any order that has been made, including attending a court hearing date then they are potentially in contempt of Court. There can of course be good reasons for not complying with orders but it is for the Court to decide what is and is not a valid reason and for the Court to make a decision whether a hearing should be adjourned, or further time needed to comply with information requested for example.

The first hearing is generally quite short as this deals with the timetabling of certain actions that are needed in order for the Court to make a decision in the event settlement can't be reached during the process. Depending on the complexity of the matter a final hearing will be listed and generally wouldn't go on for more than a day.

The Judge would look at both of your finances, details of which are provided in the Form E together with supporting documentation. The whole of your assets will be considered and divided according to your specific circumstances. The starting point is 50/50 although many factors will be considered before the Judge makes a final decision, including the length of the marriage and earning capacities of the parties together with other matters. These are known as s25 factors which you can find here:- http://www.legislation.gov.uk/ukpga/1973/18/section/25 The Court is also able to make specific orders when dividing the assets for example a pension sharing order.

The timing of any final hearing will depend on what information is needed by the Court and the length of time needed to obtain valuations for example. It can be some time before you get to the final hearing I'm afraid but as I mention above you are free to negotiate a settlement throughout the process. The Court can then consider your agreed settlement and decide whether it should be approved and the final order made.

As far as the property is concerned, is it currently in joint names? If it is then it can't be sold without both of your signatures on the necessary transfer papers. You probably also need to consider how the property is held, whether if something happens to one of you it automatically passes to the survivor of you or whether you are able to 'will' your share to whoever you wish. This is something you need to get some legal advice on to ensure your position is protected pending agreement being reached or an order being made.

As with any Court proceedings, it can be very expensive particularly if the parties are unable to reach agreement between themselves that just requires Court approval. It is really important however that you do ensure the financial aspects of the divorce are settled correctly to prevent any future claims or to allow a future maintenance claim, for example. You should get some advice on the possible Orders that could be made and how to protect yourself and your property both in the short and longer term.

JustBeagle.com our sister site may help. There are many solicitors out there that will offer either a free initial appointment or a reduced fee appointment so that you can get an overview. If you do see someone do write down the assets as you are aware of them and explain the property situation. It is hard to keep the passion out of it but will be a better use of the time if you can try and keep things factual.

I hope this helps. Do pop back if we can explain anything further for you.